Mahmoud v Attorney General of New South Wales

The appeal concerned an application by Mr Mahmoud for leave to appeal against orders made by Rothman J on 24 September 2015, which had declared Mr Mahmoud a vexatious litigant and made consequential orders restraining him from commencing or continuing proceedings without leave. The Attorney General of New South Wales was the respondent. The primary judge had made a "blanket" order preventing Mr Mahmoud from commencing any proceedings without leave.

The central legal issues before the Court of Appeal were whether the primary judge erred in formulating the vexatious proceedings order, specifically whether a "blanket" order was appropriate, and whether the order adequately considered the effect on Mr Mahmoud's defence of criminal proceedings. The court also had to determine if the primary judge had sufficiently identified which of Mr Mahmoud's proceedings were vexatious.

The Court of Appeal reasoned that while the primary judge was correct in finding that Mr Mahmoud had engaged in vexatious litigation, the "blanket" order was too broad. The court held that vexatious proceedings orders should not unduly impede a litigant's ability to defend themselves in criminal proceedings or to seek urgent relief such as habeas corpus. Accordingly, the court allowed the appeal in part, varying the primary judge's order to exclude proceedings brought against Mr Mahmoud as an accused in criminal matters and applications for habeas corpus.

The Court of Appeal granted leave to appeal, allowed the appeal, and varied the primary judge's orders by adding specific exceptions to the vexatious proceedings order. Mr Mahmoud was ordered to pay the costs of the Attorney General in relation to the amended notice of motion and 50% of the costs of the hearing before the primary judge and the appeal.